Smt Pala Chowdhury v. Ashim Chowdhury

27.06.2024 Sl.No. 71 Ct. 32 Amalranjan In The High Court At Calcutta Criminal Revisional Jurisdiction Appellate Side CRR 1409 of 2017 With CRAN 1/2017 (Old CRAN 1867/2017) Smt. Pala Chowdhury Vs.

Ashim Chowdhury Nobody appears on behalf of either of the parties on call. Even on earlier occasions, no one represented the petitioner, in spite of service of administrative notice. This is an application pending since 2017.

The instant revisional application was taken up earlier on 25th April, 2017 and suspended the order of sentence and compensation for a period of three weeks after the ensuing summer vacation or until further orders subject to the petitioner appearing before the trial court and depositing a sum of Rs. 1,00,000/- within a fortnight from date and upon his appearance the petitioner shall be released on bail to the satisfaction of the trial court till the disposal of the Rule.

In the event, the petitioner either fails to appear before the trial court and deposit the sum as aforesaid within the time stipulated, as aforesaid, or fails to comply with the condition imposed upon him, as above, the interim order of stay shall stand automatically vacated without reference to

this court and the trial court shall cancel his bail and commit him to custody in accordance with law.

Despite of such direction, no intimation supplied by the petitioner whether the petitioner has complied such direction or not and nobody also represented the petitioner, no accommodation sought for.

Accordingly, the interim order passed by this court earlier seems automatically vacated.

In view of the above circumstances, the instant criminal revisional application being CRR 1409 of 2017 is, thus, dismissed for default.

The connected application being CRAN 1/2017 (Old CRAN 1867/2017) is, thus, disposed of.

The petitioner/convict is directed to surrender before the learned trial court within one week from this date to serve out the sentence.

Let a copy of this order be communicated to the learned Court below for information and taking necessary action by the concerned department.

Liberty is granted to all parties to act in terms of the copy of this order downloaded from the official website of this court.

Department is directed to keep proof of communication of order to the trial court with the record. Learned trial court is further directed to take all recourse against the petitioner/convict to serve out the sentence, if petitioner fails to appear before the trial court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties taking all legal formalities. ( Ajay Kumar Gupta, J. )